7 Do Undocumented Aliens Have Rights Under the Law to Appear and Pursue Causes of Action in the Legal System? DBy Mark J. Kogan, Esq. espite the debate on immigration raging throughout the United States, countless people continue to enter this country without obtaining the proper paperwork. Risking life and limb in the dessert from Mexico and in the shark-infested waters off the coast of Florida, thousands of people will chance this risk in the hopes of escaping political oppression, poverty and economic stagnation. After all, the United States itself is a nation of immigrants, a land of freedom and boundless opportunity. Those who are successful oftentimes find work on farms, in factories, in the hospitality industry and on construction sites where there is a serious risk of injury. Having been injured, many people find themselves confronted with a multitude of questions. One of the basic questions that always arises is, Can I sue even if I am undocumented? The answer is, yes. The United States Supreme Court has held that a person s status as an undocumented alien does not matter when it comes to that person s right to sue for injuries. All persons, citizens or undocumented aliens enjoy the equal protection of the laws. It is clear the founding fathers did not intend only citizens to enjoy the rights set forth in the United States Constitution. Many of the rights found in The Bill of Rights, the first 10 amendments, speak to the rights of a person and the people and do not distinguish between being a citizen and being an undocumented alien. For example, the First Amendment speaks to the right of the people peaceably to assemble. The Second Amendment speaks to the right of the people to keep and bear arms. The Fourth Amendment provides the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. And, the Fifth Amendment provides no person can be placed in jeopardy twice for the same offense and cannot be compelled to be a witness against himself/herself. Certainly, had these rights been intended to benefit only citizens, they would make that distinction. Pennsylvania recognizes the right of undocumented aliens to use its courts to compensate for injuries. In fact, the Pennsylvania Supreme Court has held that it is illegal for an employer to refuse to pay workers compensation benefits to an undocumented alien who was injured within the course and scope of that employment. Each year, hundreds of cases are filed by persons who have been injured because of the negligence of another. Injury can arise from a motor vehicle accident, a dangerous condition on someone s property or from a medical error. All people, whether legitimately in the United States or undocumented, should be free to recover for their injuries. Additionally, courts must provide free translators for the individual in court if requested before the date of appearance. Not only do undocumented individuals have rights, but they also have the right to be heard and to hear and understand what is taking place around them in all legal matters. If you have any questions about your rights, feel free to contact the local bar association or Clerk of Courts in your city. JUNE

8 Como Yo Lo Veo Por el Graham Hetrick Bueno, la palabra está dicha, voy a tener un programa piloto de A&E llamado Graham la Evidencia. Me imagino que la mayoría de ustedes no saben que yo no sólo soy un miembro del grupo editorial La Voz Latina, sino que en realidad tengo un trabajo de tiempo completo, que es: Juez de Instrucción del Condado de Dauphin. De una forma u otra, he estado involucrado en la medicina forense y en la investigación de muertes, por más de 30 años. Con los años, he visto casi todas las formas de las muertes, y lo que he aprendido de los muertos ha afectado mi manera de pensar acerca de la forma en que todos vivimos la vida. La muerte nos puede decir mucho acerca de la vida. En gran medida, mi profesión de investigador médico de defunción o médico legal me ha llevado a desarrollar este diario. Quiero transmitir los valores del cuerpo, la mente y el espíritu, porque veo tanta muerte relacionada con los valores perdidos en estas áreas. A mí me atrajo la cultura hispana cuando me enamoré de mi esposa Eszi; me he dado cuenta que la clave para los Estados Unidos en el futuro, es transmitir los valores de las diversas culturas que conforman este país. Así que, ahora voy a estar expuesto a un área más de los medios de comunicación en la que puedo informar la realidad en la televisión. El espectáculo Graham la evidencia es sobre mi papel como forense del Condado de Dauphin. Este programa también mostrará a algunos de mis investigadores, quienes investigan las muertes que suceden a diario. En realidad no es un show de la delincuencia, ya que la mayoría de las muertes que están siendo investigadas no son homicidio; pero hay otras historias que contar que no sea un asesinato. Muchos de los casos clínicos nos han hablado de la manera de cómo comemos, de los abusos de medicamentos recetados, del exceso de comida que injerimos, de los efectos de la falta de ejercicio, del abuso de menores, de las fallas de productos y mucho más que pueden ser examinado, y entendido, lo cual nos da una guía para mejorar la manera de vivir la vida. Así que desde un punto de vista físico, podemos aprender a prevenir muchas muertes; pero el hombre también tiene un lado espiritual que afecta no sólo la forma en que vive, sino también la forma en que muere. Hogares rotos, fallas en el sistema de educación, pobreza, falta de autoestima personal, la irresponsabilidad personal por las acciones de uno, no se trata de problemas físicos, sino que estos muestran sus efectos de una manera física. Es mi esperanza que este espectáculo sea el comienzo de una conversación nacional sobre lo que somos como estadounidenses. Podemos nosotros aun existir en el futuro sin que haya el debate? En su libro, El Suicidio de Un Pueblo Libre, el autor, Os Guinness, analiza dos tipos de libertad, la primera es la libertad estructural. En el caso de Estados Unidos, que es nuestra constitución. Nuestra constitución es una que otorga derechos no del gobierno, sino de Dios. Esta declaración es la que hizo que nuestra constitución sea tan única. Esto indica que si el gobierno no nos da nuestros derechos a la vida, a la libertad, y a la búsqueda de la felicidad, el gobierno tampoco debe tomar esos derechos dados por Dios. Así que incluso con la estructura de nuestra Constitución, que establece nuestras libertades y restringe al gobierno, hay otra forma de libertad que es necesario. Ese segundo pilar de la libertad es el "hábito del corazón." Debemos tener un pacto con los demás para reconocer una libertad de la comunidad y comprometemos a esas protecciones dentro de la Constitución. Así que aquí está la paradoja: hay que renunciar a algunas libertades de acción para ser libre como sociedad. Limitamos a un comportamiento por el bien conjunto. Esta limitación se acordó y fue jurada en el marco de la Constitución. Así que en los siguientes dos meses, sabré si voy a tener este espectáculo recogido como una serie de A & E. Si es así, espero que podamos tener una discusión de nuestras libertades y responsabilidades para con los demás. La mayoría de las sociedades libres no han durado mucho tiempo, y el problema con estas sociedades es que fallan en demasiada libertad y poca responsabilidad de la comunidad. Los mantendré informado acerca de como progresan las cosas. As I See It By Graham Hetrick W ell, the word is out, I am going to have a pilot show on A&E called Graham of Evidence. I would imagine that most of you do not know that I am not only a member of the publishing group here at La Voz, but my full-time job is also Coroner of Dauphin County. In one way or another, I have been involved in forensics and death investigation for over 30 years. Over the years, I have seen just about every manner of death, and what I have learned from the dead has affected the way I think about the way we all live. Death can tell us a lot about life. To a great extent, my profession as a medical/legal death investigator has caused me to develop this newspaper. I wanted to communicate values of body, mind and spirit because I see so much death related to not having values in these areas. I also fell in love with the Hispanic culture when I fell in love with my wife Eszi; it made me realize that the key for America in the future is the communication of values by the diverse cultures that make up this country. So now I am being exposed to one more area of the media in which I can communicate: reality TV. The show Graham of Evidence is about my role as Dauphin County Coroner. It also follows some of my investigators as they investigate death on a daily basis. It is not really a crime show because most of the deaths being investigated are not homicide, but there are many stories to tell other than murder. Many clinical cases we have tell us about how we eat, how much we abuse prescription drugs, how we overeat, the effects of not exercising, understanding child abuse, product failures and so much more can be examined, understood and give us guidance to a better way of living. So from a physical standpoint, we can learn how to prevent many deaths, but man has a spiritual side also that impacts not only how we live, but also how we die. Broken homes, failures in the education system, poverty, lack of personal self worth, no personal responsibility for one s actions these aren t physical issues, but they show their effects in a physical manner. It is my hope that this show is the start of a national conversation about who we are as Americans. Can we even exist in the future without that discussion? In his book, A Free People s Suicide, the author, Os Guinness, discusses two types of freedom. The first is structural freedom. In the case of the United States, that is our constitution. Our constitution is one that gives rights not from government but from God. It is this statement that made our constitution so unique. It indicated that if government doesn t give us our rights of life, liberty and the pursuit of happiness and neither can the government take those God given rights away. So even with the structure of our constitution, which lays out our freedoms and restricts government, there is another form of freedom that is necessary. That second pillar of freedom is the habits of the heart. We must have a covenant with each other to recognize a community freedom and pledge ourselves to those protections within the constitution. So here is the paradox: we must give up some freedoms of action to be free as a society. We limit some behavior for the good of the whole. This limitation is agreed on and sworn to in the framework of the Constitution. So over the next couple of months, I will know if I am to have this show picked up as a series on A&E. If it is, I hope we can have a discussion of our freedoms and responsibilities to each other. Most free societies have not lasted long, and the problem with those societies, as they fail, is too much freedom and too little community responsibility. I will keep you in touch as things progress. 8 LAVOZLATINACENTRAL.COM

9 JUNE

10 7 Benefits of Physical Activity By Oralia Garcia Dominic, Ph.D., M.A., M.S. Exercise is a key factor in disease prevention, treatment and control. According to the Mayo Clinic, there are at least seven benefits of regular physical activity. Briefly, these include: 1. Exercise controls weight. 2. Exercise combats health conditions and diseases. 3. Exercise improves mood. 4. Exercise boosts energy. 5. Exercise promotes better sleep. 6. Exercise puts the spark back into your sex life. 7. Exercise can be fun, and thus reduce stress. As a general goal, a person should aim for at least 30 minutes of physical activity every day. Talk with your doctor or health care team about what your exercise goal should be. Barriers to Exercising Daily (and Strategies to Overcoming these Challenges) A person having no leisure time for physical activity in the past month may be due to potential barriers. Below are 10 reported barriers to exercising daily as reported by experts and also highlighted by the Mayo Clinic: Barrier: I don t have enough time to exercise. Potential Solution: Drive less, walk more. Barrier: I think exercise is boring. Potential Solution: Choose activities you enjoy. Barrier: I m self-conscious about how I look. Potential Solution: Avoid the crowd. Remind yourself that many people look and feel the same as you. Barrier: I m too tired to exercise after work. Potential Solution: Try a morning dose of exercise for an added boost of energy. Exercise during your lunch hour at work. For example, go for a short 10-minute walk during your lunch hour. Barrier: I m too lazy to exercise. Potential Solution: Schedule exercise as you would schedule an important appointment. Remain positive. Barrier: I m not an athlete. Potential Solution: Keep it simple. Forget the competition. Barrier: I ve tried to exercise in the past and failed. Potential Solution: Pace yourself. Set realistic goals. Yesterday is gone. Today is a new day. Barrier: I can t afford health-club fees. Potential Solution: Exercise at home. Take the stairs. Visit community centers like YWCA or YMCA. Barrier: I m afraid I ll hurt myself if I exercise. Potential Solution: Get a fitness expert to help you. Try an exercise class for beginners. Barrier: My family doesn t support my efforts. Potential Solution: Remind your family of the benefits of exercising. Find fun activities to do as a family like walking, bike riding, dancing, swimming, bowling, basketball, volleyball or soccer. Exercise to Maintain a Healthy Weight Increasing physical activity levels can result in weight loss. Talk to your doctor, dietician, health nutritionist, fitness trainer and/or health educator about meeting your specific fitness goals. Remember to also check with your doctor before starting a new exercise program, especially if you are taking medications or experiencing any health concerns. Staying Motivated to Exercise Daily Try to remain motivated and enthusiastic about exercising daily. Like most Americans, finding time to exercise when you have a busy schedule is not easy. However, in my opinion, it is worth the effort to find time to exercise daily because the benefits outweigh the cost. Invest in your (and your loved one s) health by exercising. Experts provide several tips for staying motivated to exercise daily. Below are seven tips as proposed by the Mayo Clinic: 1. Set realistic goals. 2. Make it fun. 3. Make physical activity part of your daily routine. 4. Put it on paper. Track your progress. 5. Join forces with friends, neighbors or others. Exercise with loved ones. 6. Exercise puts the spark back into your sex life. 7. Exercise can be fun, and thus reduce stress. Also add listening to your favorite music when you are exercising and having fun in the sun. You can even dance to your favorite songs. Remember that exercise has lots of benefits, so keep active. You can send your health questions to Hola, Oralia! at Together we can help keep Pennsylvania residents healthy. 10 LAVOZLATINACENTRAL.COM

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